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Articles 1 - 30 of 34
Full-Text Articles in Law
An Evaluation Model For Non-Governmental Organizations Engaged In Advocacy, Nathalie Des Rosiers
An Evaluation Model For Non-Governmental Organizations Engaged In Advocacy, Nathalie Des Rosiers
Osgoode Hall Law Journal
The article proposes a model to evaluate the effectiveness of NGOs that engage in advocacy for compliance with international human rights and civil liberties standards or constitutional rules. The model draws on the analysis of social movement effectiveness, ombudsmen’s roles and the literature on the evaluation of human rights NGOs at the international level. It establishes ways to measure the legitimacy and effectiveness of advocacy NGOs. In particular, it suggests that transparency and independence must be constantly demonstrated, that factual accuracy must always be sought and that legal compliance must be shown to have moral and public interest resonance. The …
Accessing Justice Amid Threats Of Contagion, Janet E. Mosher
Accessing Justice Amid Threats Of Contagion, Janet E. Mosher
Osgoode Hall Law Journal
Plans to prepare for a global pandemic have proliferated in recent years, and “legal preparedness” has emerged as a critical component of such plans. Commonly, the threat of disease is analogized to terrorism and recast as an issue of national security. In this framing, laws authorizing surveillance, containment, and forced treatment are understood as necessary. Law’s promise of protection against abuses in the exercise of such powers through procedural rights of review offers meagre comfort for critics concerned that individual liberties will readily yield to national security and public health in the context of an actual pandemic. An alternative framing …
What Is Access To Justice?, Trevor C. W. Farrow
What Is Access To Justice?, Trevor C. W. Farrow
Osgoode Hall Law Journal
Access to justice is the most pressing justice issue today. It has become the major focus of essentially all stakeholders in the legal community—governments, regulators, bar associations, researchers, and educators. It now needs to become an increasing topic of attention for those who use the system: the public. With all of this attention, what does the phrase “access to justice” really mean, particularly from the perspective of the public? In addition to reviewing the access to justice literature and policy initiatives, this article develops a public centered understanding of access to justice. It does so primarily by reporting on a …
Disclaimers Of Contractual Liability And Voluntary Obligations, Michael G. Pratt
Disclaimers Of Contractual Liability And Voluntary Obligations, Michael G. Pratt
Osgoode Hall Law Journal
Contractual obligations are traditionally regarded as voluntary. A voluntary obligation is one that can be acquired only if one intends to acquire it. This traditional understanding finds doctrinal expression in the requirement that contracting parties intend to create legal relations. It has, however, been doubted that the Anglo-Canadian law of contract insists on this requirement. Skeptics argue that cases ostensibly decided on the basis of such a requirement are better explained otherwise. In this paper I invoke the legal force of contractual disclaimers to show that contractual obligations are indeed voluntary. When parties to an agreement purport to exclude it …
Mistake In Assumptions, Stephen Waddams
Mistake In Assumptions, Stephen Waddams
Osgoode Hall Law Journal
Mistake raises several important and difficult questions for contract law. The question addressed here is, when is it an excuse from contractual obligation that a contract has been made under the influence of a mistake of fact? Posed in this form, the question invites attention to aspects of contract law not usually considered in relation to each other, particularly misrepresentation, frustration, and more generally, unjust enrichment, all areas in which Professor McCamus has written extensively. This article brings these areas together with the object of throwing useful light on each of them, both from the point of view of understanding …
The Justice In Unjust Enrichment, Dan Priel
The Justice In Unjust Enrichment, Dan Priel
Osgoode Hall Law Journal
The question of what justice has to do with the law of unjust enrichment (if it has anything to do with it at all) has in recent years come to occupy scholars who have sought to explain the theoretical foundations of this area of law and its relationship with other branches of private law. A popular answer has been that the law of unjust enrichment, like the rest of private law, instantiates the politically neutral norms of corrective justice. In this article, I argue that this is not the case in two distinct senses. First, even on its own, corrective …
Introduction, Harry Arthurs
Introduction, Harry Arthurs
Osgoode Hall Law Journal
This special edition of the osgoode hall law journal presents a collection of articles originally delivered at a symposium in 2013 celebrating John McCamus’s 40 years as a professor at Osgoode Hall Law School of York University. The conference might equally have celebrated other milestones in John’s remarkable professional life: forty years—give or take—since his first venture in law reform as a member of a research team; twenty years since his appointment as a member (subsequently Chair) of the Ontario Law Reform Commission; twenty years or so as Chair of the Canadian Civil Liberties Association; twenty years as well since …
Consideration Which Happens To Fail, Andrew Kull
Consideration Which Happens To Fail, Andrew Kull
Osgoode Hall Law Journal
Recent English commentary employs the timeworn expression “failure of consideration” in an unprecedented way. It can now designate an expansive residual category of grounds for restitution: at its fullest, “the failure to sustain itself of the state of affairs contemplated as a basis” for a transaction by which one party is enriched at the expense of another. Because the result is plainly to incorporate a civilian-style “absence of basis” test within commonlaw unjust enrichment, the new “failure of consideration” carries an incidental implication for Canadian restitution law: if Garland v Consumers’ Gas really announced a shift from commonlaw “unjust factors” …
Law Reform For Dummies (3rd Edition), Roderick A. Macdonald
Law Reform For Dummies (3rd Edition), Roderick A. Macdonald
Osgoode Hall Law Journal
Legal pluralist law reform engages citizens in dialogue through which they gain richer insight into their normative lives and learn to manage everyday interactions with each other. Noting that first- and second-generation law reform commissions have been critiqued for their narrow vision and goal of modifying individual legal rules, this article shifts the focus to the general public as a key player in the enterprise. This is how law reform responds to public concerns and engages the public’s assumptions about the reform process. The true ambition of law reform is to find opportunities for Canadians to examine their assumptions about …
Investigating Integrated Domestic Violence Courts: Lessons From New York, Jennifer Koshan
Investigating Integrated Domestic Violence Courts: Lessons From New York, Jennifer Koshan
Osgoode Hall Law Journal
Extensive law and policy reforms in the area of domestic violence have occurred in the last several decades in the United States and Canada, the latest being the development of specialized domestic violence (DV) courts. DV courts typically operate in the criminal realm, particularly in Canada. A recent innovation that is relatively unique in the United States is integrated domestic violence (IDV) courts, where criminal, civil, and family matters are heard together in a one judge/one family model. This article examines the literature on DV and IDV courts in Canada and the United States, and situates these reforms in the …
Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu
Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu
The Transnational Human Rights Review
Nigeria is a multi-ethnic and multi-religious state. The two major religions in the country are Islam and Christianity. Adherents of these two major religions take divergent positions on the question of the secularity of the Nigerian state. While most Christians argue for separation of the Nigerian state from religion, most Muslims advocate the fusion of religion, the state and the law. To many of them, the Sharia ought to govern the totality of the life of a Muslim from cradle to grave. For instance, the Governor of the Central Bank of Nigeria, Alhaji Sanusi Lamido Sanusi, maintained that any call …
Balancing, Proportionality, And Human Rights Adjudication In Comparative Context: Lessons For Nigeria, Basil Ugochukwu
Balancing, Proportionality, And Human Rights Adjudication In Comparative Context: Lessons For Nigeria, Basil Ugochukwu
The Transnational Human Rights Review
What is the nature of the role that courts perform when they evaluate human rights complaints? Answering this question engages two related but contending values in the process of protecting human rights through judicial means. The first value is that persons are entitled to certain rights and freedoms that are either completely outside the controlling power of the state, organizations and others in the society, or which when they are infringed could trigger an application for judicial protection by the victims. The second value is that the state can impose limitations on certain rights and freedoms but only if it …
The E-Team Project: A Teamwork Approach To Clinical Legal Education, Hilary Evans Cameron
The E-Team Project: A Teamwork Approach To Clinical Legal Education, Hilary Evans Cameron
Journal of Law and Social Policy
In this article the author argues that the University of Toronto’s Emergency Team (E-Team)—a student pilot project created to assist people facing deportation on short notice—provided a critical service to its clients and gave its student members a unique opportunity to learn real-world legal skills. The first part of this article reviews the project’s outcomes and concludes that it was a success: the E-Team won nine of its ten cases, and its members credit the project both with teaching them crucial legal competencies that they did not encounter elsewhere and with fostering their passion for social justice law. The second …
When Law Reform Is Not Enough: A Case Study On Social Change And The Role That Lawyers And Legal Clinics Ought To Play, Jeff Carolin
When Law Reform Is Not Enough: A Case Study On Social Change And The Role That Lawyers And Legal Clinics Ought To Play, Jeff Carolin
Journal of Law and Social Policy
Based on his experience as a law student in the clinical legal education program at Parkdale Community Legal Services in 2010, the author draws on poverty law scholarship to better understand his frustrations with a law reform campaign he worked on related to refugee family reunification. The scholarship’s central critique of law reform campaigns is that they are excessively narrow: they focus on a particular law and construct the law itself as the social injustice. This leads to two subsidiary problems. First, law reform campaigns ignore the underlying socio-political context that produced the law, foregoing opportunities for broader societal transformation. …
The Right To Food And The Political Economy Of Third World States, Opeoluwa Adetoro Badaru
The Right To Food And The Political Economy Of Third World States, Opeoluwa Adetoro Badaru
The Transnational Human Rights Review
Current global events validate the fact that beyond a theoretical analysis of rights discourse and food justice, there is a need to understand and propose ways to address the very fragile global food situation, and especially so in Third World states. At the peak of the high food prices in mid-2008, the world observed how the issue of access to food and the means to acquire food (in the larger context of other socio-economic needs) spurred riots from Egypt to Bangladesh and Mexico. And one cannot definitely say that we are out of the woods yet concerning rising food prices. …
The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig
The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig
Osgoode Hall Law Journal
The treatment of sexual assault complainants by defence counsel has been the site of significant debate for legal ethicists. Even those with the strongest commitment to the ethics of zealous advocacy struggle with how to approach the cross-examination of sexual assault complainants. One of the most contentious issues in this debate pertains to the use of bias, stereotype and discriminatory tactics to advance one’s client’s position. This paper focuses on the professional responsibilities defence lawyers bear in sexual assault cases. Its central claim is as follows: Defence counsel are ethically obligated to restrict their carriage of a sexual assault case …
Canadian Bijuralism At A Crossroad? The Impact Of Section 8.1 Of The Interpretation Act On Judicial Interpretation Of Federal Legislation, Aline Grenon
Osgoode Hall Law Journal
Section 8.1 of the Interpretation Act affirms the equal authority of the common law and civil law in the field of property and civil rights. The section states, subject to two exceptions, that federal enactments based on rules and concepts that are part of the law of property and civil rights are to be interpreted in accordance with these rules and concepts. Prior to the enactment of section 8.1 in 2001, courts had a tendency to opt for a uniform application of federal legislation based on common law concepts, with often negative results for Quebec civil law. Since then, the …
Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag
Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag
Journal of Law and Social Policy
Collects papers presented at the Symposium in 2011 celebrating forty years of clinical legal education at Osgoode Hall Law School.
Not So Dangerous Liaisons: A Clinical Perspective On Interdisciplinarity, Judith Mccormack
Not So Dangerous Liaisons: A Clinical Perspective On Interdisciplinarity, Judith Mccormack
Journal of Law and Social Policy
Clinical education represents a site where conflicting accounts of law are at maximum tension, in part because the clinical experience tends to highlight the startling contrast between the narratives and social realities of law. While this contrast provides some of the fodder for the critical exploration that characterizes clinical education, the idiosyncratic shape of law as a discipline means that much of what students require to handle that fodder in a rigorous, analytical way is located elsewhere. A clinical lens indicates that exposing students to interdisciplinary perspectives is crucial if students are to be able to understand and engage with …
Framing Supervisory Relationships In Clinical Law: The Role Of Critical Pedagogy, Gemma Smyth, Marion Overholt
Framing Supervisory Relationships In Clinical Law: The Role Of Critical Pedagogy, Gemma Smyth, Marion Overholt
Journal of Law and Social Policy
Clinical work in law offers important opportunities for students to learn critical, reflective and politicized approaches to legal identity and practice. Such an approach is most meaningful when it is engaged by supervising lawyers and social workers in a clinical placement. The authors of this article, the Academic Clinic Director and Executive Director of two Windsor-based clinic programs, offer context, perspective and examples of how critical pedagogy (influenced by, but distinct from, critical legal studies) provides a roadmap for supervising lawyers and the programs in which they work. The paper briefly sets the context of the authors' teaching and practice. …
Conceptualizing Reflective Practice For Legal Professionals, Michele Leering
Conceptualizing Reflective Practice For Legal Professionals, Michele Leering
Journal of Law and Social Policy
This article examines the meaning, purpose, and promise of reflective practice in the context of the legal profession and at this critical juncture in the profession’s history. The imperatives for enhancing the reflective capacity of the profession are explored and the benefits of endorsing reflective practice as a core professional competency are reviewed. Reporting on a portion of an action research project designed to encourage reflective practice in a Canadian law school, the author synthesizes the results of a review of reflective practice literature, largely drawn from other professions, with the results of qualitative interviews with eight professors from the …
Law Student, Heal Thyself: The Role And Responsibility Of Clinical Education Programs In Promoting Self-Care, Christine E. Doucet
Law Student, Heal Thyself: The Role And Responsibility Of Clinical Education Programs In Promoting Self-Care, Christine E. Doucet
Journal of Law and Social Policy
The purpose of this paper is to examine the importance of self-care and stress management in the legal profession, specifically within the context of clinical legal education. Studies have shown that the legal profession exhibits one of the highest rates of mental health and addiction issues. In proactively addressing the importance of self-care and stress management amongst students, clinical legal educational programs can become a part of the solution. Using the student experience at Parkdale Community Legal Services, and drawing from other student legal clinics across Canada and the United States, several recommendations around self-care and stress management training in …
The Role Of Technology In The Provision Of Poverty Law Services, Lenny Abramowicz
The Role Of Technology In The Provision Of Poverty Law Services, Lenny Abramowicz
Journal of Law and Social Policy
Provides a cross-jurisdictional examination of how technology has been used in legal aid and community legal clinics and questions whether technology has become the tool or the master in the provision of legal aid services. Explores whether technology is playing a positive or negative role in community legal aid clinics by examining the purpose and work of community clinics, and how technology can help or impede the realization of that purpose.
Multi-Disciplinary Practice In A Community Law Environment: Clinical Legal Education Combined With Holistic Service Provision, Richard Foster
Multi-Disciplinary Practice In A Community Law Environment: Clinical Legal Education Combined With Holistic Service Provision, Richard Foster
Journal of Law and Social Policy
The Monash-Oakleigh Legal Service (MOLS) is a community legal service affiliated with Monash University, Melbourne, Australia, and partly funded by Victoria Legal Aid. MOLS deals with a range of legal matters, including: criminal law, family law, tenancy and neighbourhood disputes, and a number of credit, debt, and bankruptcy issues. In July 2010, the Multi-Disciplinary Clinic (MDC) was established at MOLS to provide a holistic service to clients by involving students from three academic disciplines to deal with client issues. This paper describes some of the mechanics of how the MDC operates, including how students are assessed and supervised. It also …
Pushing The Boundaries Of Clinical Law: Exploring How Student And Community Legal Clinics Engage With International Human Rights Practice, Geraldine Sadoway
Pushing The Boundaries Of Clinical Law: Exploring How Student And Community Legal Clinics Engage With International Human Rights Practice, Geraldine Sadoway
Journal of Law and Social Policy
Explores methods of bringing stories of victims of human rights abuses to the international human rights bodies that conduct periodic reviews of country compliance with international human rights instruments. The project involved law students and community legal workers looking at innovative ways to use internet technologies to enhance and strengthen non-government (NGO) reports to UN Committees involved in monitoring Canada’s compliance with our international legal obligations.
Transformative Social Work In The Criminal Justice Field, Susan Noakes
Transformative Social Work In The Criminal Justice Field, Susan Noakes
Journal of Law and Social Policy
Discusses “transformative social work in the criminal justice field” based on the observations and case experiences of the registered social worker on staff at the Holistic Lawyering Project at The Law Centre a clinical legal education program in Victoria, British Columbia through the Faculty of Law at the University of Victoria. Examines the role of a social worker working with a law student and a client charged with a summary conviction offence under the Canadian Criminal Code. Provides an example of transformative change and highlights this challenging and empowering aspect of legal practice.
Teaching Cultural Competency In Legal Clinics, Cynthia Pay
Teaching Cultural Competency In Legal Clinics, Cynthia Pay
Journal of Law and Social Policy
Aims to identify various models of cultural competency training, and to reflect on ways to appropriately and effectively address this subject in a clinical legal education setting.
International Human Rights Fact-Finding Praxis In Its Living Forms: A Twail Perspective, Obiora C. Okafor
International Human Rights Fact-Finding Praxis In Its Living Forms: A Twail Perspective, Obiora C. Okafor
The Transnational Human Rights Review
International human rights fact-finding (hereinafter "IHRFF") has been defined, rather generously, as: A method of ascertaining facts through the evaluation and compilation of various information sources ... [which] serves to illuminate the circumstances, causes, consequences and aftermath of an event from a systematic collection of facts. Understood in this way, IHRFF is not a new activity. Rather, various organizations, groups, and entities have engaged in it for a very long time. Indeed, issues relating to its ways and means, conceptual and operational problems, and best practices have occupied the attention of many practitioners, and cringed the brows of many of …
Failure To Report: The Manifestly Unconstitutional Nature Of The Human Smugglers Act, Jennifer Bond
Failure To Report: The Manifestly Unconstitutional Nature Of The Human Smugglers Act, Jennifer Bond
Osgoode Hall Law Journal
This paper uses the Human Smugglers Act as a case study of what can happen when a Canadian government tables legislation that is highly controversial not only for reasons of ideology or policy, but also because it almost certainly violates the Charter. The conclusion is twofold: first, that a requirement originally meant to increase government accountability in the face of Canada’s human rights instruments is failing; and second, that this same requirement is now providing the government political cover to deflect legitimate constitutional critique while simultaneously avoiding substantive engagement. The result is an impoverished constitutional dialogue and a misled Canadian …
Eying The Promised Land: The Wearisome Quest For An Effective Regional Human Rights Enforcement Mechanism In Africa, Nsongurua Udombana
Eying The Promised Land: The Wearisome Quest For An Effective Regional Human Rights Enforcement Mechanism In Africa, Nsongurua Udombana
The Transnational Human Rights Review
Regional human rights regimes complement national systems, which sometimes suffer from "[i]nept, inefficient, underresourced, or iniquitous governments incapable of, or perhaps even opposed to, assisting citizens' realization of their human rights". Regional systems also complement the global system, which often is problematic in achieving consensus due to multiplicity of states and the absence of homogeneity. "As far as their processes are concerned", notes Sarkin, "regional systems for many reasons are more accessible, cheaper for litigants, and more effective in the work they do than international courts". However, the national, regional and international regimes all share a common goal in protecting …